Our View: Fixing the system that failed Jennifer Martel

Wednesday

Apr 2, 2014 at 6:00 PMApr 2, 2014 at 6:14 PM

By most accounts, the horrific slaying of Jennifer Martel could have been prevented. A system that was supposed to protect Martel from her alleged killer, Jared Remy, failed to shield her. A new bill introduced this week aims to correct those systemic failures.

Herald News Editorial Board

By most accounts, the horrific slaying of Jennifer Martel could have been prevented. A system that was supposed to protect Martel from her alleged killer, Jared Remy, failed to shield her. A new bill introduced this week aims to correct those systemic failures.

There were plenty of warning signs about Remy’s tendencies toward domestic violence over the years. But on several occasions, when Remy went before the courts to answer to charges, his violent past was overlooked and he was treated with leniency. Martel’s death came just one day after Remy had been released from custody on charges of assaulting her.

Martel’s slaying has prompted officials and the public at large to question the efficacy of the state’s domestic violence laws. In response, Massachusetts Attorney General Martha Coakley and House Speaker Robert DeLeo have introduced legislation aimed at ensuring that warning signs — like those present with Remy — are not ignored by judges when it comes to cases involving serial abusers. It also aims to ensure domestic violence victims know where to turn for help. The House is expected to debate the measure next week.

The legislation represents more than a feel-good measure or knee-jerk reaction to the high-profile homicide tied to domestic violence. It is based on research and expert opinion. The legislation creates new criminal offenses and elevated penalties. It boosts prevention efforts and seeks to empower victims. Under the bill, a first offense domestic battery charge would be created. It would further create a separate charge for strangulation and suffocation, actions that are statistically correlated with domestic violence-related homicides. In addition, it would broaden court authorization to issue limited custody and support orders.

Furthermore, the legislation aims to balance prevention with punitive measures, giving law enforcement officials, attorneys, judges and medical professionals updated resources. It would require judges to get training every two years on issues surrounding domestic violence and support services available for victims.

By creating streamlined and standardized records, it would give authorities access to complete history. It would also require judges to evaluate the role of domestic violence in certain crimes. Bail for domestic violence offenders would be delayed to provide the victim with time for safety planning. Bail could also be revoked in certain cases.

Beyond dealing with the offender, the legislation is intended to better empower victims to get out of dangerous situations through measures such as employment leave for domestic violence victims and heightened confidentiality requirements for domestic violence cases so that victims are more comfortable reporting incidents to police.

The bill also calls for state-level review teams to look at domestic violence-related homicide cases and establish best practices so officials can address shortcomings. It would fund various grants to provide assistance to domestic violence victims.

Coakley’s and DeLeo’s bill is being called the most drastic overhaul of the commonwealth’s domestic violence laws in a generation. If any good may come out of Martel’s death, perhaps it is the enactment of long-overdue changes to the way the commonwealth handles cases of domestic violence that could prevent another death. The Legislature ought to give the bill the time and attention necessary to thoroughly debate and improve the legislation and send it to Gov. Deval Patrick for his signature.